The trademark is a graphical sign. It distinguishes the goods and services of one company from other identical or similar products and services of the competitors on the market. Therefore a trademark is always connected to certain goods and services. It is the most powerful instrument in business competition. It has role in advertisement and in indicating quality and origin.

Novelty of mark is not a condition for registration, but no similar trademark should be present on the same market, also the sign should be distinctive. In case of successful registration the trademark provides exclusive right for the holder to use the mark in the territory of the European Union. There is no limitation on the term of the protection, the CTM may be renewed as many times as required. The ® trademark symbol is not a condition of the protection in Europe: you do not need to use the symbol to exercise your rights.

The Community Trademark enjoys protection in all member states of the European Union. The EU authority for registering marks is OHIM. It examines marks only as to the absolute grounds of refusal. In respect of relative reasons of refusal OHIM completes a search report, the scope of this search is however limited, as it does not include any of the national databases. Opposition system is applied also for CTMs. Any right holder of a valid and effectively used national trademark can file an opposition, besides the owners of EU trademarks. In case of infringement legal protection can be sought before national authorities.

An increasing number of applicants are receiving unsolicited mail from unofficial registration services asking for money in connection with Community Trade Marks and Registered Community Designs. It has become a common practice of certain entities to approach the applicants and to offer their services and to make fee requests (usually in the form of debit notes) after the Community Trade Mark has been published in the CTM bulletin. These are almost always fraudulent fee requests.

If you receive a letter or invoice, please check carefully what is being offered to you and whether it comes from an official source. If you receive an invoice concerning the trade mark application from anyone other than your trade mark attorney, or an approach from any other company, please contact your attorney or the OHIM. Generally these companies have no connection with OHIM or your representative.